Information obligations pursuant to Art. 13 GDPR
The protection of your personal data is very important to us. We therefore process your personal data (hereinafter “data”) exclusively on the basis of the statutory provisions. With this privacy policy, we would like to inform you comprehensively, in accordance with Art. 13 of the General Data Protection Regulation (EU GDPR), about the processing of your data in our company and about the data protection claims and rights to which you are entitled.
1. Who is responsible for data processing and who can you contact?
The controller is
FREIGEIST & FRIENDS GmbH & Co. KG
Daimlerstraße 2
37075 Göttingen
office@freigeist-friends.com
The company’s data protection officer is
Christian Volkmer
represented by Mr Wojtek Dragon
Projekt 29 GmbH & Co. KG
Ostengasse 14
93047 Regensburg
Email: anfragen@projekt29.de
Phone: 0941-2986930
2. Which data is processed and from which sources does this data originate?
We process the data that we have collected during your stay at one of the properties of Freigeist & Friends GmbH or that we have received from you on the basis of your consent.
Personal data includes:
Your master/contact data, which for customers comprises, for example, first and last name, address, contact details (email address, telephone number, fax), and bank details.
For business partners, this includes, for example, the names of their legal representatives, company name, commercial register number, VAT identification number, business registration number, address, contact person details (email address, telephone number, fax), and bank details.
For journalists, this includes first and last name, email address and fax number.
For competition participants, this includes first and last name and email address.
In addition, we also process the following other personal data:
Advertising and sales data,
Information from your electronic communication with us (e.g. IP address, log-in data),
Other data that we have received from you in the course of our business relationship (e.g. in customer discussions),
Data that we generate ourselves from master/contact data and other data, for example by means of customer needs and customer potential analyses,
Documentation of your declaration of consent for receiving, for example, newsletters,
Photographs taken in the course of events
Information on the type and content of contract data, order data, turnover and receipt data, customer and supplier history as well as consultation documents,
3. For which purposes and on which legal basis is the data processed?
We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act 2018 in the applicable version:
For the performance of (pre-)contractual obligations (Art. 6 para. 1 lit. b GDPR):
Your data is processed for the handling of contracts online or in one of our hotels and for the handling of your employment relationship in our company. The data is processed in particular when initiating business relationships and when performing contracts with you.
For the fulfilment of legal obligations (Art. 6 para. 1 lit. c GDPR):
Processing of your data is necessary for the purpose of fulfilling various legal obligations, for example arising from accommodation regulations in connection with non-German citizens or from the German Fiscal Code.
For the protection of legitimate interests (Art. 6 para. 1 lit. f GDPR):
Based on a balancing of interests, data processing may take place beyond the actual fulfilment of the contract in order to protect our legitimate interests or those of third parties. Data processing for the protection of legitimate interests takes place, for example, in the following cases:
Customer satisfaction surveys,
Measures for business management and further development of services and products,
Maintenance of a group-wide customer database to improve customer service,
In the context of legal prosecution,
Sending non-sales-related information and press releases.
Subsequent traceability of bookings for evidence purposes or for the assertion of legal claims,
On the basis of your consent (Art. 6 para. 1 lit. a GDPR):
If you have given us your consent to process your data, for example for sending our newsletter, publishing photos, competitions, etc.
4. Processing of personal data for advertising purposes
You may object at any time to the use of your personal data for advertising purposes, either in general or for individual measures, without incurring any costs other than the transmission costs according to the base rates.
Under the statutory provisions of Section 7 (3) of the German Act Against Unfair Competition (UWG), we are entitled to use the email address you provided when concluding the contract for direct advertising of our own similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter. Customer satisfaction surveys may also be sent. We mention this in this context because the German Federal Court of Justice (BGH) has decided that surveys have an advertising character.
If you do not wish to receive such recommendations from us by email, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the base rates. Notification in text form is sufficient. Of course, every email also contains an unsubscribe link.
5. Who receives my data?
If we use a service provider in the sense of commissioned processing, we nevertheless remain responsible for the protection of your data. All processors are contractually obliged to treat your data confidentially and to process it only as part of the provision of their services. The processors commissioned by us receive your data if they need the data to fulfil their respective services. These include, for example, IT service providers that we require for the operation and security of our IT system, as well as advertising and address publishers for our own advertising campaigns.
Your data is processed in our customer database. The customer database supports the improvement of the quality of existing customer data (removal of duplicates, address correction).
This data is made available to the group companies insofar as this is necessary for contract processing. Customer data is stored on a company-specific and separate basis, with our parent company acting as a service provider for the individual participating companies.
If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, for the purpose of initiating and executing contracts, insurance companies, banks, credit agencies and service providers may receive your data.
6. How long will my data be stored?
We process your data until the end of the business relationship or until the expiry of the applicable statutory retention periods (for example under the German Commercial Code, the German Fiscal Code, the Accommodation Regulations of the State of Lower Saxony or the Working Hours Act); furthermore, until the end of any legal disputes in which the data is required as evidence. Content relevant for tax purposes is retained for ten years (statutory obligation). Information on bookings and guests who are German citizens is retained for a maximum of three years. These three years (Section 195 of the German Civil Code) are based on our legitimate interest in being able to prove visits and thus enabling the company to assert legal claims. Information on non-German citizens is stored for 15 months on the basis of the accommodation regulations.
7. Is personal data transferred to a third country?
As a rule, we do not transfer any data to a third country. In individual cases, a transfer only takes place on the basis of an adequacy decision by the European Commission, standard contractual clauses, appropriate safeguards or your express consent. Data processing agreements are concluded with all service providers.
8. What data protection rights do I have?
At any time, you have the right to information, rectification, erasure or restriction of processing of your stored data, a right to object to processing, as well as a right to data portability and to lodge a complaint in accordance with the requirements of data protection law.
Right of access:
You can request confirmation from us as to whether and to what extent we process your data.
Right to rectification:
If we process data that is incomplete or incorrect, you can request that it be corrected or completed at any time.
Right to erasure:
You can request that your data be deleted if we process it unlawfully or if the processing disproportionately interferes with your legitimate interests worthy of protection. Please note that there may be reasons that prevent immediate deletion, for example in the case of statutory retention obligations.
Irrespective of the exercise of your right to erasure, we will delete your data immediately and completely, provided that there is no contractual or statutory retention obligation to the contrary.
Right to restriction of processing:
You can request that we restrict the processing of your data if
the processing of the data is unlawful, but you refuse deletion and instead request restriction of use,
we no longer need the data for the intended purpose, but you still need it for the establishment, exercise or defence of legal claims, or
you have objected to the processing of the data.
you contest the accuracy of the data for a period enabling us to verify the accuracy of the data,
Right to data portability:
You can request that we provide you with the data you have provided to us in a structured, commonly used and machine-readable format and that you may transmit this data to another controller without hindrance from us, provided that
this processing is carried out by automated means.
we process this data on the basis of consent given by you, which can be revoked, or for the performance of a contract between us, and
If technically feasible, you can request that your data be transmitted directly to another controller.
Right to object:
If we process your data on the basis of legitimate interests, you may object to this data processing at any time; this also applies to profiling based on these provisions. We will then no longer process your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims. You may object at any time, without giving reasons, to the processing of your data for direct marketing purposes.
Right to lodge a complaint:
If you believe that we are violating German or European data protection law when processing your data, we ask you to contact us so that we can clarify any questions. You also have the right to contact the competent supervisory authority, the respective State Data Protection Authority.
If you wish to exercise any of the above rights towards us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.
9. Am I obliged to provide data?
The processing of your data is required for the conclusion or fulfilment of the contract you have entered into with us. If you do not provide us with this data, we will generally have to refuse to conclude the contract or we will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give consent to the processing of data that is not relevant for the fulfilment of the contract or not required by law.
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